Kerala High Court
Balachandran vs The National Highways Authority Of ... on 20 May, 2025
Author: C.S.Dias
Bench: C.S.Dias
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W.P.(C)No.29898 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
WP(C) NO. 29898 OF 2024
PETITIONER:
BALACHANDRAN,
AGED 57 YEARS
S/O GANGADHARAN,MADATHIPARAMBU HOUSE PURAKKAD
P.O, PURAKKAD VILLAGE AMBALAPPUZHA ALAPPUZHA
DISTRICT, PIN - 688561
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENTS:
1 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI,
PROJECT IMPLEMENTATION UNIT T.C 86/ 1036-1,
AMBLY ARCADE S.N.N.R.A - 9, PETTAH
P.O,THIRUVANANTHAPURAM REPRESENTED BY ITS
PROJECT DIRECTOR, PIN - 695024
2 THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI),
PROJECT IMPLEMENTATION UNIT THIRD FLOOR, MINI
CIVIL STATION ALAPPUZHA REPRESENTED BY ITS
PROJECT DIRECTOR, PIN - 688013
3 THE PURAKKAD GRAMA PANCHAYAT,
PURAKKAD P.O., AMBALAPPUZHA ALAPPUZHA DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 688561
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W.P.(C)No.29898 of 2024 2
4 THE SECRETARY,
PURAKKAD GRAMA PANCHAYAT PURAKKAD P.O.,
AMBALAPPUZHA ALAPPUZHA DISTRICT, PIN - 688561
5 JAYAN,
AGED 47 YEARS
S/O REGHU, MADATHILPARAMBIL, THOTTAPPALLY MURI
PUNTHALA, PURAKKAD P.O AMBALAPPUZHA ALAPPUZHA
DISTRICT, PIN - 688561
SC SRI BIDAN CHANDRAN SC SRI PRAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.29898 of 2024 3
C.S.DIAS, J
--------------------------------------------
W.P.(C).No. 29898 of 2024
---------------------------------------------
Dated this the 20th day of May, 2025
JUDGMENT
The writ petition is filed to direct the
respondents 3 and 4 to lift the stop memo issued as
per Exts.P7 and P8 and permit the petitioner to
complete the construction of his building.
2. The petitioner is the owner of 1 Are 90
Sq.Meters of property comprised in Re-Survey
No.245/3 of Purakkad Village, Ambalappuzha Taluk,
Alappuzha District, covered by Ext.P1 partition deed
and Ext.P2 basic tax receipt. The petitioner is also the
owner of 2.40 Ares of land covered by Ext.P6 land tax
receipt which is situated behind the property covered
by Ext.P1. The petitioner proposes to construct a
residential building since his property was acquired
by the 1st respondent as per Ext.P3 notice. However,
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the 4th respondent has issued a stop memo stating that
the house construction cannot be permitted, unless the
petitioner obtains an access permit from the 1st
respondent. The insistence of an access permit by the
4th respondent is arbitrary and illegal. Hence, the writ
petition.
3. Heard; the learned counsel for the
petitioner, the learned Standing Counsel appearing for
the respondents 1 to 4.
4. The learned counsel appearing for the
petitioner relied on the decisions of this Court in
W.P.(C) Nos. 26255/2020, 34586/2022, 37169/2022
and 23780/2023, wherein this Court had succinctly
held that, for the purpose of issuing a building permit,
there is no necessity for the Panchayat to insist for an
access permit. All that is required is that the applicant
should file an undertaking before the Panchayat that,
he would file an application before the National
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Highway Authority for obtaining an access permit. On
the basis of the said undertaking the Panchayat can
issue a building permit. The petitioner is entitled to the
benefit of the law laid down in the aforecited
judgments.
5. On a consideration of the facts and the
materials on record, particularly the law laid down by
this Court in the aforecited judgments, I am of the
view that the petitioner is also entitled to the benefit of
the law laid down by this Court in the aforecited
judgments, provided the petitioner's application is
otherwise in order.
Accordingly, I allow the writ petition by
directing the respondents 3 and 4 to process the
petitioner's application for building permit, in
accordance with law and as expeditiously as possible,
at any rate, within one month from the date of
production of a copy of the judgment, without insisting
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for the production of access permit from the 1 st
respondent. However, the petitioner shall file an
undertaking before the 4th respondent that he would
file an application for access permit before the 1 st
respondent within two weeks from today.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.20.05.25.
2025:KER:34353
APPENDIX OF WP(C) 29898/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PARTITION DEED NO. 2067/2015
DATED 01/09/2015 OF AMBALAPPUZHA SRO
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
11/07/2024 ISSUED FROM VILLAGE OFFICE,
PURAKKAD EVIDENCING THE REMITTANCE OF TAX
Exhibit P3 TRUE COPY OF THE NOTICE DATED 04/08/2021
ISSUED BY SPECIAL DEPUTY COLLECTOR
Exhibit P4 TRUE COPY OF THE EVICTION MAHAZAR DATED
01/01/2022 ISSUED BY THE VILLAGE OFFICER,
PURAKKAD
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED
30/03/2022 OF THE DEPUTY COLLECTOR AND
COMPETENT AUTHORITY, LA (NH) ALONG WITH
THE NOTICE
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT DATED
11/07/2024 ISSUED BY VILLAGE OFFICE,
PURAKKAD
Exhibit P7 TRUE COPY OF THE NOTICE DATED 12/08/2022
ISSUED BY 4TH RESPONDENT
Exhibit P8 TRUE COPY OF THE NOTICE DATED 23/09/2022
ISSUED BY THE 4TH RESPONDENT
Exhibit P9 TRUE COPY OF THE APPLICATION FOR BUILDING
PERMIT DATED 14/10/2022 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P10 TRUE COPY OF THE PLAN OF THE BUILDING
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED
14/11/2022 OF THE 4TH RESPONDENT
Exhibit P12 TRUE COPY OF THE LETTER DATED 09/01/2023
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ISSUED BY THE 4TH RESPONDENT
Exhibit P13 TRUE COPY OF THE COMMUNICATION DATED
25/03/2023 OF THE 4TH RESPONDENT
Exhibit P14 TRUE COPY OF THE RELEVANT PAGE OF THE
RELEVANT PAGE OF THE DECISION DATED NIL OF
THE DISTRICT LEVEL COMMITTEE, KCZMA
Exhibit P15 TRUE COPY OF THE COMMUNICATION DATED
28/05/2024 OF THE 4TH RESPONDENT
Exhibit P16 TRUE COPY OF THE LETTER DATED 27/05/2024
ISSUED BY TOWN PLANNER ON BEHALF OF CHIEF
TOWN PLANNER TO THE PRESIDENT OF 3RD
RESPONDENT GRAMA PANCHAYAT
Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 03/02/2024
IN O.S. NO. 826/2022 OF THE HON'BLE
ADDITIONAL MUNSIFF COURT, ALAPPUZHA
